Terms & Conditions
Mattress & Furniture Emporium
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Mattress & Furniture Emporium Policies
 
Website Agreement and Conditions Of Use

Acceptance Of This Website Agreement
Changes To These Conditions Of Use
Ownership And Permitted Use Of The Website
Acceptable Use
Misprints And Errors, Product Availability And Prices
Product Descriptions
Colour Of Products
Disclaimers, Liability Exclusions / Limitations And Indemnity
Liability Exclusions
Acknowledgement and Exclusion by Statute in certain Jurisdictions
Other Subject
Delivery

Returns after Delivery
Pick-Ups

 



 
Website Agreement


Website Agreement and Conditions Of Use

Welcome to Mattress & Furniture Emporium. Please read this Website Agreement carefully as it governs your use of the Mattress and Furniture Emporium website, exempts Mattress and Furniture Emporium and other persons from liability or limits their liability, and contains other important provisions that you should read.

Acceptance Of This Website Agreement

This Website Agreement and Conditions of Use and the Privacy Policy (together, the “Conditions of Use”) is an Agreement between you and all persons you represent and subsidiary (collectively, “Mattress & Furniture Emporium”, “we”, “us”, and “our”) regarding your access to and use of the Mattressandfurnitures.com website, and related pages, and all content, information, products and services available on or through the website or related pages (collectively, the “Website”). These Conditions of Use also provide benefits to Mattress and Furniture Emporium service providers, suppliers and other persons. For the purposes of these Conditions of Use, “person” includes natural persons and any type of incorporated or unincorporated entity.

 Use of this Website at any time signifies your acceptance and agreement, of yourself or any person you purport to represent, to be bound by these Conditions of Use as they then read, and you represent and warrant that you have the legal authority to agree to and accept these Conditions of Use on behalf of yourself and any person you purport to represent. This is a legally binding agreement between you and Mattress and Furniture Emporium. If you do not agree with the provisions of these conditions of use, or if you are not authorized to agree to and accept these conditions of use on behalf of the person you purport to represent, do not access or use the website. We encourage you to review these Conditions of use each time you visit the Website.

Changes To These Conditions Of Use

Mattress and Furniture Emporium may, in its sole discretion, change these Conditions of Use from time to time as they relate to future use of the Website, by posting revised Conditions of Use on the Website. By using the website after revised conditions of use have been posted, you signify your acceptance and agreement to be bound by the revised conditions of use. You may not change these Conditions of Use in any manner. We encourage you to review these terms and conditions each time that you use the Website.

Ownership And Permitted Use Of The Website

Your use of the Website does not transfer to you any ownership or other rights of the Website or its content.

The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in these Conditions of Use and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.

You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content including without limitation all logos, text, graphics, images, photographs, derivative works, and other materials, and the collection, organization, arrangement, and assembly thereof (collectively, the “Content”), is the property (either owned or under right to use) of Mattress and Furniture Emporium and is protected by Canadian and international copyright, trademark, and other laws, and may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Mattress and Furniture Emporium. You may not sell or resell any part of the Website or access to the Website. You may not use any software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Conditions of Use.

You are prohibited from violating or attempting to violate the security of the Website including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm, or other harmful or disruptive component to the Website, overloading, “flooding”, “spamming”, “mail booming” or “crashing”. Violations of any system or network security may result in civil or criminal liability. Mattress and Furniture Emporium will investigate occurrences which we suspect may involve such violations and may involve and co-operate with law enforcement authorities in investigating such occurrences and/or prosecuting users who are involved in such violations.

Acceptable Use

You may not use the Website in order to transmit any content or information, or modify, copy, tamper with, distribute, collect, store or destroy material: (a) in violation of any applicable laws, rules, or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Mattress and Furniture Emporium or any other person, or that will violate the privacy, publicity, or other personal rights of others; or (c) that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable. You may use the Website only for lawful purposes and in compliance with these Conditions of Use.

Misprints And Errors, Product Availability And Prices

Mattress and Furniture Emporium endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Mattress and Furniture Emporium cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Mattress and Furniture Emporium does not warrant that the Content, is accurate or complete.

The Content is provided for informational purposes only, and is not binding on Mattress and Furniture Emporium in any way except to the extent that it is specifically indicated to be so. Mattress and Furniture Emporium reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold. All prices and other amounts appearing on the Website are quoted in Canadian dollars.

Product Descriptions

The product descriptions provided in the pages of this Website are provided strictly for your convenience and are for informational purposes only. Although we believe that these product descriptions are correct, and we attempt to keep the information in the pages of this Website current, the product descriptions have been provided to us by the manufacturers of the products, and we do not warrant the accuracy, completeness or currency of the product descriptions or of any information in these pages.

Colour Of Products

We have made every effort to display as accurately as possible the colors of products that appear on this Website. However, as the actual colors you see will depend on your device, we cannot guarantee that your device display of any color will be accurate.

Disclaimers, Liability Exclusions / Limitations And Indemnity

Disclaimers:

Your access to and use of the Website is at your own risk. The Website and the information contained on this Website and any references to products or services are provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, availability, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by Mattress and Furniture Emporium to the fullest extent permitted by law. Mattress and Furniture Emporium also does not warrant or represent that your use or access to the Website will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Website or any Other Site (as defined below) is free of computer viruses or other harmful components, including viruses, worms, and trojan horses. You (and not Mattress and Furniture Emporium) assume the entire cost of all necessary servicing, repair or correction that is required as a result of your use of the Website or any Other Site.

Mattress and Furniture Emporium reserves the right to seek all remedies available to it at law, equity, and otherwise for violations of these Conditions of Use.

Liability Exclusions

Mattress and Furniture Emporium and its providers, or their respective directors, officers, employees, or agents, are not liable to you or any other person for any direct, indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the Website, including access to or use of the Site or any Other Sites (as defined below) or these Conditions of Use, or arising in any way out of the inability to use the Website or any of the Other Sites or their contents, including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Mattress and Furniture Emporium or any person for whom Mattress and Furniture Emporium is responsible, and even if Mattress and Furniture Emporium or an authorized representative is or has been advised of the possibility of such loss or damage being incurred. Mattress and Furniture Emporium reserves the right to seek all remedies available to it at law, equity, and otherwise for violations of these Conditions of Use.

Acknowledgement and Exclusion by Statute in certain Jurisdictions

The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you. The preceding paragraphs operate to the extent permissible by law.

Indemnity

You agree to indemnify, defend and hold harmless Mattress and Furniture Emporium and its officers, directors, employees, agents, partners, affiliates, representatives, successors and assigns from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable lawyers’ fees), actions or demands arising directly or indirectly out of (i) your use of or connection to the Website or the content therein, (ii) your activities in connection with the Website, (iii) your breach of these Conditions of Use, including your violation of, or failure to perform you obligations under these Conditions of Use, (iv) your failure to comply with any applicable laws or regulations, or (v) your violation of any rights of a third party.

Other Subject

Please note due to the nature of store lighting and display of items the color may vary when placed in your home or final location.  

Delivery and Pick-Ups

Mattress & Furniture Emporium offers delivery to your home, or pick-up at our store.

Delivery

To ensure a smooth delivery, please review the following delivery policies.

We will attempt to contact you by phone 1-2 days before delivery to confirm your delivery.

Deliveries begin at 9:00 am and continue until all scheduled deliveries for that day are complete. Regrettably, due to the number of deliveries that must be routed, it is impossible to give exact time calls.

A signature of a person 18 years of age or older is required on all delivery orders and that individual must accompany the delivery crew into your home or apartment.

Rooms should be cleared in preparation for your furniture delivery. In addition, driveways, walkways should be cleared to accept delivery (i.e. remove snow and ice) and main entrance hallways (i.e accent benches or pieces, photo frames). Please be sure there is a clear path from the point of entry to your home to the room where your new mattress or furniture will be placed. Due to liability issues, we cannot move your existing furniture or any electronics, TVs, or computers.

Due to health and safety regulations, our drivers cannot remove their safety work boots. Please ensure your floors are properly protected.

Please measure your home/doorways to fit your new mattress, foundation and furniture. Please note that a restocking fee may apply if your merchandise does not fit through doorways or into basements.

Mattress & Furniture Emporium and our delivery personnel will not be responsible for any damage to your property and/or contents at the time of delivery. 

We will not unpack or assemble your new mattress, foundation, bed frame and furniture purchase. Due to health regulations, soiled or stained upholstery or bedding cannot be moved by our professional delivery associates. We also cannot disassemble any existing furniture in your home in order to complete the delivery.

Returns after Delivery

All sales are final. However, if you discover concealed damage you have 3 days to report it. Just call our store at (905) 874 7120.

If a refund has been authorized, please note the following:

All refunds will be processed as the same method of payment

Pick-Ups

To ensure smooth pick-up of your furniture, please review the following pick-up policies.

Mattress & Furniture Emporium offers convenient pickup at our store. Should you pick up your furniture, we will attempt to contact you by phone 1-2 days before your pick up.  

Merchandise that is picked-up may be in cartons and require assembly. Due to the nature of furniture shipped in cartons, we are unable to unpack cartons or assemble product for you at the store.  

Please be sure that the size of your vehicle will accommodate the size of the furniture to be picked up. We are not responsible for loading and tie-down of merchandise or the safe transportation of furniture to your home. We will not provide any ropes, straps or tie down supports for your merchandise.  
 
We may assist to lift heavy items but are not responsible for any damages to your vehicle or transportation. Assistance to lift heavy items will only be carried out if the store representative is not occupied with other customers or duties.  

If we assist with heavy lifting we are not responsible for proper securing or support of your merchandise

Damage that occurs during transit is not covered under warranty nor can we accept returns on the merchandise.

When your merchandise passes through the exit door(s) of the store building we are not responsible for any damages or injuries the item may cause.  

 It is the responsibility of our customers to ensure that merchandise is secure in/on their vehicle. Mattress & Furniture Emporium accepts no responsibility or liability for damage to vehicles or contents or merchandise, or other persons, and/or their property, incurred during loading, unloading and/or securing of merchandise in or on a vehicle, or after the merchandise has left the pickup dock area